release of liability and waiver of legal rights for the miami dolphins

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RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
FOR THE
MIAMI DOLPHINS SPECIAL TEAMS
POWERED BY AARP FOUNDATION
PLEASE REVIEW THIS DOCUMENT CAREFULLY. It includes a release of liability and waiver of
legal rights, including the right to sue certain parties. DO NOT agree to this document unless you have
read and understood it in its entirety. By agreeing, you acknowledge that you have both read and
understood the text presented to you. When you sign below by clicking “I AGREE,” you understand and
agree that participation in the Miami Dolphins Special Teams volunteer program and certain events and
opportunities either hosted or participated in by the Releasees (as defined below) (collectively,
“Activities”) can carry certain inherent dangers and risks which may or may not be readily foreseeable,
including, without limitation, personal injury, property damage or death. Your ability to participate in the
Activities is subject to your agreement to the terms of this release of liability and waiver (the “Release”),
and by clicking “I AGREE” below, you accept and agree to the terms of the Release, including the
release of liability and waiver of legal rights provisions.
You need to complete ONE WAIVER PER PERSON.
I wish to participate in the Activities, which are hosted by South Florida Sports Foundation, Inc.,
(“Foundation”) and/or certain Releasees or Providers (as defined below). Therefore, for good and
valuable consideration – including the right to participate in the Activities – the receipt of which is hereby
acknowledged, I agree as follows:
1.
Legal Authority. I hereby represent and warrant that I have the legal authority to agree to the
Release, that I FULLY UNDERSTAND AND AGREE to the terms of the Release, and that the
Release will apply to me, my heirs, personal representatives, executors, and assigns. I understand
that I am signing this release as a condition to and in consideration of my participation in the
Activities. I hereby represent and warrant that I am at least 18 years of age and of sound mind and
body, and I am capable of giving this release on my behalf. I understand that, among other risks,
there may be risks of injury or death to person and property while participating in the Activities ,
including, but not limited to, severely strained, torn and pulled muscles; severely strained, torn,
pulled and ruptured ligaments and tendons; cartilage damage; broken bones; contusions; injuries
to the head, elbow, back, spinal cord, knee, foot and ankle; mental anguish; pain; suffering;
paralysis; cerebral or cognitive injury; heart; lung or other internal organ injury; and death. I
represent and warrant that I am in good physical condition and that I have no medical condition
which prevents me from participating in the Activities. I understand that any injury which I may
sustain during my participation in the Activities may reduce or eliminate my ability to participate
in other life functions.
2.
Assumption of Risk, Disclaimer, Release of Liability and Indemnification. I understand that,
even with adherence to reasonable safety practices, there exists a risk of injury to those who
participate in the Activities. I acknowledge that such injuries could be catastrophic, including
paralysis death. I further understand that I should NOT participate in the Activities unless I am
physically and medically able to do so. NEVERTHELESS, I KNOWINGLY AND FREELY
ACCEPT AND ASSUME THE RISK ASSOCIATED WITH MY PARTICIPATION IN THE
ACTIVITIES, AND, ON BEHALF OF MYSELF AND EACH OF MY HEIRS, PERSONAL
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REPRESENTATIVES, EXECUTORS, AND ASSIGNS, I DO HEREBY AGREE TO
RELEASE, INDEMNIFY AND HOLD HARMLESS FOUNDATION, MIAMI DOLPHINS
LTD, THE NATIONAL FOOTBALL LEAGUE, SOUTH FLORIDA STADIUM LLC,
DOLPHINS CYCLING CHALLENGE, INC., SOUTH FLORIDA FOOTBALL
ASSOCIATES LLC, FIN ASSOCIATES, LLC, SOUTH FLORIDA FOOTBALL
HOLDING LLC, SOUTH FLORIDA STADIUM HOLDING LLC, EACH PROVIDER (AS
HEREAFTER DEFINED), AND EACH OF THE FOREGOING’S AFFILIATES,
SPONSORS, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS,
EMPLOYEES AND VOLUNTEERS (HEREINAFTER INDIVIDUALLY AND
COLLECTIVELY REFERRED TO AS THE “RELEASEES”)WITH RESPECT TO ANY
AND ALL INJURY, DISABILITY, DEATH, OR DAMAGE TO PERSON, PROPERTY
OR REPUTATION RELATING TO MY PARTICIPATION IN THE EVENT AND
EVENT-RELATED RELATED ACTIVITIES (INCLUDING REGISTRATION),
WHETHER ARISING FROM THE NEGLIGENCE OF ONE OR MORE OF THE
RELEASEES, THIRD PARTIES, OR OTHERWISE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
3.
Treatment. I understand and agree that I will be responsible for my care and treatment in the
event I sustain an injury during or as a result of my participation in the Activities. I hereby
acknowledge and understand that neither the Foundation nor any other party associated with the
Activities (collectively, “Providers”) has any obligation or duty to provide me with medical
treatment in case of injury. Notwithstanding such absence of duty, I hereby give my consent to
any Provider to seek, obtain, and provide emergency medical treatment to me in case of injury
that occurs while participating in the Activities. This care may be given under whatever
conditions are necessary to preserve life, limb, or my well-being. I understand that such treatment
will be sought and provided only in an emergency and that, based on the circumstances,
reasonable efforts may be made to seek my consent before providing such treatment.
4.
Consent to Use of Likeness and Personal Information. I understand that, during the course of
or in connection with the Activities, photographs, audio, video, and other recordings (the
“Depictions”) may be taken of me, and I hereby grant the Releasees and their designees and
licensees the right, in any and all manner and media throughout the world and in perpetuity, to
disseminate, reproduce, record, exhibit, print and publish the Depictions, which may include my
name, likeness, voice and/or biographical material, for any purpose, including, without limitation
as news or informative matter and for advertising and publicizing Releasees and their designees.
With the exception of your social security number, you agree that Releasees may use the personal
information provided below for sales and marketing purposes, including, but not limited to,
notifying you of offers and events via mail, e-mail, phone, and other means. You may opt-out of
such communications by writing to 347 Don Shula Dr., Miami Gardens, FL 33056, Attn: General
Counsel.
5.
Disclaimer of Warranties. RELEASEES MAKE NO WARRANTY THAT THE ACTIVITIES
WILL BE SAFE, SECURE OR ERROR FREE AND EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
6.
Applicable Law; Consent to Jurisdiction. I hereby agree that the laws of the State of Florida,
without regard to the conflict of laws principles thereof, will apply to any and all disputes or
claims relating in any way to the Activities or the Release (including registration). I agree that
jurisdiction for such disputes and claims relating to the Event or the Release shall lie exclusively
in the courts of the Eleventh Judicial Circuit located in Miami-Dade, Florida and I agree and
expressly consent to the exercise of personal jurisdiction in such courts. THE FOREGOING
NOTWITHSTANDING, ANY DISPUTE WITH THE NATIONAL FOOTBALL LEAGUE OR
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ANY OF ITS AFFILIATES WILL BE GOVERNED BY THE LAWS OF THE STATE OF
NEW YORK WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF,
AND I EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN
THE COURTS OF THE STATE OF NEW YORK.
7.
Severability. If any provision of the Release shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severed to the most limited extent possible
and shall not affect the validity or enforceability of any remaining provisions.
I HEREBY AFFIRM THAT I HAVE READ THIS AGREEMENT, AND THAT I FULLY
UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY UNDERSTANDING THAT, BY SIGNING
THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO
SUE. I ACKNOWLEDGE THAT I AM ASSENTING TO THIS AGREEMENT AND WAIVER
FREELY AND VOLUNTARILY, AND THAT BY CLICKING “I AGREE,” I INTEND FOR MYSELF
TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.
__________________________________
FULL NAME OF CHILD/WARD 1
________________________________
FULL NAME OF PARENT/LEGAL
GUARDIAN
__________________________________
FULL NAME OF CHILD/WARD 2
__ __ / __ __ / __ __ __ __
DOB OF PARENT/LEGAL GUARDIAN
__________________________________
FULL NAME OF CHILD/WARD 3
__________________________________
EMAIL OF PARENT/LEGAL GUARDIAN
__________________________________
PHONE OF PARENT/LEGAL
GUARDIAN
__________________________________
ADDRESS OF PARENT/LEGAL
GUARDIAN
X__________________________________
SIGNATURE OF PARENT/LEGAL
GUARDIAN
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